Current through August 26, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or which is unfit for use, shall be removed
from service immediately, and the owner or operator shall satisfy the following
requirements:
(1) CESSATION OF USE;
PREVENT FLOW OR ADDITION OF WASTES. The owner or operator shall immediately
stop the flow of hazardous waste into the tank system or secondary containment
system and inspect the system to determine the cause of the release.
(2) REMOVAL OF WASTE FROM TANK SYSTEM OR
SECONDARY CONTAINMENT SYSTEM.
(a) If the
release was from the tank system, the owner or operator shall, within 24 hours
after detection of the leak or, if the owner or operator demonstrates that it
is not possible, at the earliest practicable time, remove as much of the waste
as is necessary to prevent further release of hazardous waste to the
environment and to allow inspection and repair of the tank system to be
performed.
(b) If the material
released was to a secondary containment system, all released materials shall be
removed within 24 hours or in as timely a manner as is possible to prevent harm
to human health and the environment.
(3) CONTAINMENT OF VISIBLE RELEASES TO THE
ENVIRONMENT. The owner or operator shall immediately conduct a visual
inspection of the release and, based upon that inspection, do all of the
following:
(a) Prevent further migration of
the leak or spill to soils or surface water.
(b) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(4) NOTIFICATIONS, REPORTS.
(a) Any release to the environment, except as
provided in par. (b), shall be reported to the department within 24 hours of
its detection. If the release has been reported pursuant to ch. NR 706, that
report will satisfy this requirement.
(b) A leak or spill of hazardous waste is
exempted from the requirements of this subsection if it is all of the
following:
1. Less than or equal to a
quantity of one pound.
2.
Immediately contained and cleaned up.
(c) Within 30 days of detection of a release
to the environment, a report containing all of the following information shall
be submitted to the department:
1. Likely
route of migration of the release.
2. Characteristics of the surrounding soil
(soil composition, geology, hydrogeology, climate).
3. Results of any monitoring or sampling
conducted in connection with the release (if available). If sampling or
monitoring data relating to the release are not available within 30 days, these
data shall be submitted to the department as soon as they become
available.
4. Proximity to
downgradient drinking water, surface water and populated areas.
5. Description of response actions taken or
planned.
(5)
PROVISION OF SECONDARY CONTAINMENT, REPAIR OR CLOSURE.
(a) Unless the owner or operator satisfies
the requirements of pars. (b) to (d), the tank system shall be closed in
accordance with s.
NR 664.0197.
(b) If the cause of the release was a spill
that has not damaged the integrity of the system, the owner or operator may
return the system to service as soon as the released waste is removed and
repairs, if necessary, are made.
(c) If the cause of the release was a leak
from the primary tank system into the secondary containment system, the system
shall be repaired prior to returning the tank system to service.
(d) If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the owner or operator shall provide the component of the system
from which the leak occurred with secondary containment that satisfies the
requirements of s.
NR 664.0193 before it can be returned to service, unless
the source of the leak is an aboveground portion of a tank system that can be
inspected visually. If the source is an aboveground component that can be
inspected visually, the component shall be repaired and may be returned to
service without secondary containment as long as the requirements of sub. (6)
are satisfied. If a component is replaced to comply with the requirements of
this paragraph, that component shall satisfy the requirements for new tank
systems or components in ss.
NR 664.0192 and 664.0193. Additionally, if a leak has
occurred in any portion of a tank system component that is not readily
accessible for visual inspection (e.g., the bottom of an inground or onground
tank), the entire component shall be provided with secondary containment in
accordance with s.
NR 664.0193 prior to being returned to use.
(6) CERTIFICATION OF MAJOR
REPAIRS. If the owner or operator has repaired a tank system in accordance with
sub. (5), and the repair has been extensive (for example, installation of an
internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system may not be returned to service unless the
owner or operator has obtained a certification by a qualified professional
engineer in accordance with s.
NR 670.011(4) that the repaired system
is capable of handling hazardous wastes without release for the intended life
of the system. This certification shall be placed in the operating record and
maintained until closure of the facility.
Note: The department or EPA Regional
Administrator may, on the basis of any information received that there is or
has been a release of hazardous waste or hazardous constituents into the
environment, issue an order under s. 291.37 or 291.85, Stats., or
42
USC 6924(v),
6928(h),
or
6973(a),
requiring corrective action or other response as deemed necessary to protect
human health or the environment.
See s.
NR 664.0015(3) for the requirements
necessary to remedy a failure. Also, if a hazardous substance is released to
the environment, 40 CFR part 302 may require the owner or operator to notify
the national response center and s.
292.11,
Stats., and ch. NR 706 may require the owner or operator to notify the
department.
